10 Things To Know About Justice Lifu’s Judgment Affecting Atiku, ADC

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The political crisis within the African Democratic Congress (ADC) has taken a fresh turn following a judgment by the Federal High Court, Abuja, which nullified the leadership of the party under Senator David Mark.

The judgment, delivered by Justice Peter Lifu on November 5, 2026, also set aside decisions and resolutions taken by the disputed National Working Committee (NWC), including those relating to the party’s congresses and primary elections.

The ruling has implications for the party’s leadership structure and the political ambitions of members seeking its tickets for the 2027 general elections, including former Vice-President Atiku Abubakar.

Here are 10 key things to know about the judgment, the dispute that led to it and the legal proceedings.

  1. The Core Ruling And Its Implications

Justice Peter Lifu nullified the emergence of the Senator David Mark-led National Working Committee of the ADC, holding that the process violated the party’s constitution and provisions of the Electoral Act.

The court also set aside the meetings, decisions and resolutions of the disputed NWC.

The ruling has implications for the party’s leadership and the validity of activities conducted under the disputed structure, including its congresses and primary elections.

Consequently, the judgment raises questions about the status of candidates who emerged through the affected party structure, including Atiku Abubakar, who is seeking the party’s presidential ticket for the 2027 election.

  1. The Dispute Began With A Suit By Nafiu Bala Gombe

The legal battle originated from a suit filed by Nafiu Bala Gombe, a former ADC National Deputy Chairman (North-East), at the Federal High Court, Abuja.

The suit, marked FHC/ABJ/CS/1819/2025, was filed on September 2, 2025, to challenge the emergence and recognition of the party’s national officers following its 99th National Executive Committee meeting held on July 29, 2025.

Gombe argued that the process through which the officers emerged did not comply with the party’s constitution and applicable electoral laws.

He also challenged the recognition of the disputed leadership by the Independent National Electoral Commission (INEC).

  1. The Leadership Transition That Triggered The Crisis

The dispute followed the emergence of a new leadership structure in the ADC after the resignation of former National Chairman, Chief Ralph Nwosu.

The transition brought Senator David Mark into the party’s leadership structure, with Ogbeni Rauf Aregbesola emerging as National Secretary.

The development followed a political realignment involving several opposition figures, including Atiku Abubakar and other political stakeholders.

However, Gombe challenged the process, arguing that the appointment and recognition of the new officers did not follow the party’s constitutional provisions.

  1. The Battle For Control Of The Party

The disagreement developed into a legal dispute over who had the legitimate authority to control the ADC’s national leadership and administrative structures.

Gombe maintained that the emergence of the Mark-led leadership violated the party’s constitution and relevant provisions of the Electoral Act.

Among the reliefs he sought were declarations that the disputed officers were not lawfully elected and that INEC could not recognise them as members of the party’s governing organs.

He also asked the court to recognise him as the only elected member of the NWC with a subsisting four-year tenure and the authority to supervise the party’s affairs.

  1. The Interlocutory Appeal At The Court Of Appeal

The case was initially assigned to Justice Emeka Nwite of the Federal High Court.

On September 4, 2025, the court declined to determine Gombe’s interim application without first notifying the other parties.

Justice Nwite held: “I am of the view and I so hold that the interest of justice will be met by putting the other party on notice to show cause why the application should not be granted.”

On September 18, 2025, the second defendant filed a notice of appeal challenging the decision.

On January 27, 2026, Gombe filed an application seeking to amend his originating summons.

The appeal record was subsequently transmitted on February 6, 2026.

On March 12, 2026, the Court of Appeal dismissed the interlocutory appeal and made preservatory orders to protect the substantive suit pending before the Federal High Court.

The appellate court also directed that the case be given accelerated hearing in view of INEC’s electoral timetable.

It further ordered the parties to maintain the status quo ante bellum and refrain from taking actions that could render the substantive proceedings nugatory.

The court awarded N2 million in costs in favour of Gombe.

  1. The Supreme Court Directed The Parties Back To The Trial Court

Dissatisfied with the Court of Appeal’s decision, the second defendant proceeded to the Supreme Court on March 16, 2026.

On April 30, 2026, the Supreme Court, in appeal number SC/CV/180/2026, in Senator David Mark v. Hon. Nafiu Bala Gombe and four others, affirmed the direction that the parties return to the Federal High Court for the determination of the pending processes.

The apex court held: “…the order by the court below for parties to return to the trial Court for determination of all pending processes in the 1st Respondent’s suit before it, is hereby affirmed.”

The decision paved the way for the substantive issues in the dispute to be determined by the trial court.

  1. The Case Was Reassigned To Justice Peter Lifu

On May 8, 2026, the matter returned to the Federal High Court before Justice Emeka Nwite.

However, the defendants informed the court that they had yet to obtain the certified true copy of the Supreme Court judgment and requested an adjournment sine die.

The court granted the request pending the availability of the certified judgment.

On May 19, 2026, the Chief Judge of the Federal High Court reassigned the case to Justice Peter Lifu for accelerated hearing.

The reassignment followed the recommendation of Justice Nwite by the National Judicial Council for appointment to the Court of Appeal.

  1. The 23 Applications Filed By The Defendants

Before the substantive hearing commenced, the defendants filed about 23 applications, including motions seeking the recusal of the judge, a stay of proceedings, joinder of parties, interrogatories, discovery and a case stated.

On June 30, 2026, the court heard the pending applications after the defendants and the plaintiff presented their respective arguments.

Rulings were scheduled for July 7, 2026.

On that date, the court dismissed the applications and directed the plaintiff and the second defendant to file further written addresses on issues relating to interrogatories, discovery and the application of case-stated procedures to proceedings commenced by originating summons.

The court subsequently delivered its rulings on July 24, 2026, dismissing the applications for interrogatories, discovery and case stated.

The matter was then adjourned for hearing.

  1. The Court Dismissed The Request For Indefinite Adjournment

On September 28, 2026, the plaintiff indicated readiness to proceed with the substantive hearing.

However, the defendants requested an adjournment sine die, citing an application for a stay of proceedings filed at the Court of Appeal.

Gombe opposed the request, arguing that the application did not provide sufficient grounds to suspend the proceedings, particularly in view of the Supreme Court’s directive for an accelerated hearing.

The court scheduled October 5, 2026, for a ruling on the request and possible commencement of the substantive hearing.

On October 5, 2026, Justice Lifu dismissed the application for an indefinite adjournment and proceeded with the substantive case.

  1. The November 5 Judgment And Its Consequences

On November 5, 2026, Justice Peter Lifu delivered judgment in favour of Gombe and granted the reliefs he sought.

Among other things, the court held that INEC could not recognise the ADC’s 99th National Executive Committee meeting because of non-compliance with the Electoral Act.

The court also ordered INEC to recognise Nafiu Bala Gombe as the ADC’s only recognised NEC member.

It further held that Senator David Mark and Ogbeni Rauf Aregbesola had no right to continue presenting themselves as members of the party under the disputed leadership arrangement.

The court consequently set aside the meetings, decisions and resolutions reached by the NWC under their control.

The judgment has introduced fresh uncertainty into the ADC’s leadership structure and the status of political activities conducted under the disputed arrangement.

The affected parties may challenge the decision at the Court of Appeal, potentially extending the legal dispute as political parties prepare for the 2027 general elections.

Background To The Case

Nafiu Bala Gombe filed the suit at the Federal High Court on September 2, 2025, challenging the legitimacy of the ADC leadership that emerged from the party’s 99th NEC meeting on July 29, 2025.

He sought declarations that INEC was required to ensure that the party’s governing bodies were constituted in accordance with the law.

He also challenged INEC’s attendance at the meeting, its report of the proceedings and its recognition of the officers who emerged from the disputed process.

The plaintiff further sought orders setting aside the decisions and resolutions of the meeting and restraining the disputed officers from acting as members of the party’s governing organs.

The case initially proceeded before Justice Emeka Nwite before being reassigned to Justice Peter Lifu in May 2026.

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